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TMI Blog2024 (2) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... rectorate of Revenue Intelligence (DRI) that four persons viz. Shri Uvesh Imtiyaz Shaikh, Shri Mohamed Sakib Bustak Ahmad Atashbajiwal, Shri Yasir Shaikh and Smt Marufabanu Yasir Shaikh traveling via Air India Express flight from Sharjah are attempting to smuggle gold into India with the help of official at Surat Airport. Therefore, the officers examined their cabin and check-in baggage by drawing Panchnama. During the panchnama proceedings, the officers carried out systematic search/examination of handbag and check-in bags of above mentioned four persons and found total 20 white coloured pouches containing 38,155.00 gram gold in paste form. The details of gold extracted from gold paste are as under: Sr. No. No. of White Coloured Pouch Gross Weight of White Coloured Pouch (In Gms) Net Weight of Gold recovered (In Gms) Remarks 1 5 10812.06 9723.00 Maroon Coloured Duffle Bag of Brand "La Polo TM International" recovered from Shri Mohamed Sakib Bustak Ahmad Atashbajiwal 2 6 13094.09 11099.00 Black Coloured Side Bag of Brand "RichBaolong" recovered from Shri Uvesh Imtiyaz Shaikh 3 9 19631.13 17333.00 Blue-Black Coloured Bagpack of Brand "Royal Mountain Collec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the accused persons have conspired with each other and made a plan to smuggle the gold illegally in the country, however, before they could execute the said plan, the co-accused persons who had come altogether from Sharjah to Surat have already been apprehended by the members of the Custom Department with alleged illegal consignment of gold. Learned Senior Advocate Mr. Panchal submits that as per the case of the prosecution, the role of the present applicant accused would start only after the co-accused meet him in the men's washroom at Surat Airport but before that the co-accused have been arrested. Learned Senior Advocate Mr. Panchal further submits that during the course of investigation, five times, statement of the present applicant accused has been recorded and if the Court would go through the contents of the said statements, it would be found out that no role of the present applicant accused is found out. Learned Senior Advocate further submits that the complaint is filed against 11 accused persons, out of which, three accused persons have been shown as absconder. The present applicant is a Government employee and he has been arrested on 09.07.2023 and since then he is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 8. Learned Senior Standing Counsel appears on behalf of respondent No. 2 DRI Mr. Siddarth Dave has opposed present application with vehemence and submitted that present applicant accused is a Government Employee and as per the job profile of the present applicant accused he has to keep watch on the movement of the passengers passing through the Airport and if he finds the activities of any particular passenger as suspicious, then he has to intercept and interrogate him/her and during that process if something contrary to the provisions of law is found out, in that event, appropriate legal action is required to be initiated against the so-called culprit who has committed the crime. However, in the instant case, the applicant, who is the protector of the law, has indulged into such kind of illegal activities which would ultimately prove to be counter productive and against the welfare and economy of the country. It is also submitted that as soon as the main perpetrators of the crime have been apprehended by the officials of the DRI, they have immediately verified the CCTV footage of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee and arrested on 09.07.2023 and since then he is in judicial custody. The investigation is over. All the offences are triable by the Court of Magistrate. There is no recovery or discovery at the instance of the present applicant accused. The applicant accused has been arraigned as an accused on the basis of the statement of the co-accused. Thus, considering the aforesaid aspects, I am inclined to exercise discretion in favour of the applicant. 10. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51. 11. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 12. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with DRI Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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